Penalty and Liquidated Damages Case Outcomes

The table below contains a list of cases handled by our customs law firm. The “noticed amount” column identifies the initial dollar amount demanded for payment made by customs and the “mitigated amount” column identifies the reduced dollar penalty or damage amount we were able to obtain once we filed a petition for remission or mitigation.

As you can see, we have often been able successfully obtain a $0 penalty, which is extraordinary relief, and when not possible,  we are still able to obtain substantial reductions that save clients money.

If you are looking for our results in customs currency seizure cases that page is viewable here.

Case Results for Penalty and/or Liquidated Damages at CBP
FP&F Case No. Noticed Amount Mitigated Amount Basis for Penalty/Damages
2016-3801-200964-01 $50,000 $141 19 CR 113.62(B)
2016-3801-200056-01 $50,000 Cancelled 19 CFR 113.62
2015-3801-300002-01 $20,340 $2,340 19 USC 1595a(b)
21 USC 863
2014-3801-300022-01 $12,060.00 $0 19 USC 1526(e)
19 CFR 133.21
2014-3801-300023-01 $11,500.00 $0 19 USC 1526(e)
19 CFR 133.21
2013-3803-300092-01 $125,000 $750 19 USC 1595(a)
19 USC 1448
18 USC 1001
2013-3801-300020-01 $18,624 $0 1595(a)
7 CFR 319.40-3
2013-3801-300062-01 $32,935 $0 1595(a)
7 CFR 319.40-3
2013-3801-300063-01 $18,581 $0 1595(a)
7 CFR 319.40-3
2013-3801-300064-01 $19,016 $0 1595(a)
7 CFR 319.40-3
2013-3801-300065-01 $20,304 $0 1595(a)
7 CFR 319.40-3
2013-3801-300066-01 $14,843 $0 1595(a)
7 CFR 319.40-3
2011-3801-000285-01 $293,652.55 $29,365.25 19 USC 1497
18 USC 545
2011-2704-300670-01 $10,000 $500 15 CFR 30.6
Case Results for Penalty and/or Liquidated Damages in Court
Case No. Court Original Amount Result Type Basis for Penalty/Damages
14-11833 U.S. District Court Eastern District of Michigan $146,815.99 $15,000 Settlement 19 USC 1526(e)
12-237 U.S. Court of International Trade $256,669.06 n/a (court permitted withdrawal) Slip Op 16-70
37 Int'l Trade Rep. (BNA) 1659
2015 Ct. Intl. Trade LEXIS 71
Ct. Int'l Trade No. 2015-70		 19 USC 1592

The facts and circumstances of your customs penalty or liquidated damages case may differ from the facts and circumstances of these cases. The results discussed are not necessarily representative of the  range of possible results for any particular case. Each case is different and must be evaluated and handled on its own merit.

Last updated: August 17, 2016 at 10:10 am